APHC010039222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]

(Special Original Jurisdiction)

MONDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2220/2025 Between:

1. M UTTABATTULA VEERA VENKATA SATYANARAYANA, S/O M SUBBARAO, MALE, AGED ABOUT 45 YEARS, OCC.-AGRICULTURE LABORER, R/O.GUNNEPALLI AGRAHARAM, AMALAPURAM MANDAL, DR BR AMBEDKAR KONASEEMA DISTRICT ANDHRA PRADESH ...PETITIONER AND

1. T HE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPT., AP SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATI

2. T HE DISTRICT COLLECTOR, (P WING ) DR BR AMBEDKAR KONASEEMA DISTRICT

3. T HE DISTRICT PANCHAYAT OFFICER, AMALAPURAM, DR BR AMBEDKAR KONASEEMA DISTRICT, 4. M ANDAL PARISHAD DEVELOPMENT OFFICER, AMALAPURAM MANDAL, DR BR AMBEDKAR KONASEEMA DISTRICT

5. G UNNEPALLI AGRAHARAM GRAMA PANCHAYAT, REP. BY ITS SECRETARY, AMALAPURAM MANDAL DR BR AMBEDKAR KONASEEMA DISTRICT ...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the 5th Respondent authorities in interfering with the Petitioners property and erecting overhead tank opposite to the Petitioners subject property, and thus restraining ingress and egress to Petitioners house in D. No. 3-22 in Ac. 0.03 cents in RS No. 25/11, Gunnepalli Agraharam Grama Panchayat, Amalapuram Mandal, Dr BR Ambedkar Konaseema District, Andhra Pradesh without following due process of law as illegal, arbitrary, high-handed, unlawful, contrary to Order dt. 17.12.2024 in W.P No. 20547 of 2024, violative of Article 19(1)(d) and Article 300A of the Constitution of India and consequently direct the Respondents not to interfere and restrain the Petitioners access to the subject property or to pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent authorities to not to construct overhead Water Tank, and not to restrain ingress and egress of the Petitioner in the land to an extent of Ac. 0.03 cents in D. No. 3-22, RS No. 25/11, Gunnepalli AgraharamVillage, Amalapuram Mandal, Dr BR Ambedkar Konaseema District, Andhra Pradesh pending disposal of the above Writ Petition or to pass IA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to implead as the proposed 6th respondent as party respondent in W.P.No. 2220 of 2025 in the main Writ petition and in all Interlocutory Applications and pending disposal of the writ petition, and pass IA NO: 3 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order passed in I.A no.1 of 2025 in W.P No.2220 of 2025 on 27.01.2025 and pass Counsel for the Petitioner:

1. MAKIREDDY MANOJ Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra The Court made the following:

::ORDER::

Heard Sri M.Manoj, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents 1 to 3 and Sri Chaityanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the respondents 4 and 5.

2. The above writ petition was filed to declare the action of the 5^th respondent in interfering with the petitioner’s property admeasuring Ac.0.03 cents in R.S.No.25/11, bearing D.No.3-22 of Gunnepalli Agraharam Gram Panchayat, A